The Sun. — London, England, 1810-05-28 00:00:00

brined , n of the can as • )rigin iy a .1 11 : ucl vas publfr 4vas the wcf; rvo al soi• ircual ef :- mite 19 c m iter]• ° ; m itcd. .19 4 6 y• 6 o 0 mitcd• hes iri o f the nd re; Of a ll .r the/ cale 15 Ley fo r n ot I varlY nvite cl , vorite' eqt-w coo►l d wa►t=d il, 1116 co vo• wall whi ch NBA * V, re' ocu ' 3ll from reigt h at 0116 ~i 3- k‘oer ()f iiv 7nantet ri, colc ac hed, 111 . 0 5."1 Court noilf flajor' foot, , 3allY 58Ih 4(16 0 been :Ant; le time ia;) QI nable lied )1 - ) ) (lc in wi!? relie d Dion scin' It 06 r ' lot I sig . F t he index nine 4 her 0 ell" bola -3 un \ AL NE V, S, i f t,m the LONDON GAZETTE, Maj . 26, tSt.ti. Almiralty-Office, May 26, 1 g 10. Copy of a Letter from ViceLikdrriiral Sir lohn Borlaie ren, K. B. Commander in Chief of his Majesty's Shipi and Vessels at Halifax, to W. Cruker, Esq. dated at Bermuda, the list of February, 18 to. SIR; I inclose, for the information of my Lords Com . - missioneri of the AdMiralty, the copy of a letter from -Lieutenant Peter .Proaor, an old officer of much merit, commanding his Majesty's schooner the -.Thistle, derailing the accouut'i.f an anion with the butch National corvette De Havik, commanded by a Lieutenant of Marine. The prize is a large East India built .ship, of very warlike appearance, and t he good conduCt and bravery displayed by Lieute nant Proaor, his officers and men, in attacking a Ship of her size and force, and their perseverance under many difficulties, will, L trust, entitle Ahem to their Lordships' favour. ' I' have the honour to he, &c. (Signed) JOHN BORLASE WARREN. SIR, Thistle; at Sea, Feb. it, alp: Yesterday morning we hove in sight of a ship, *hick, upon being chased, manoeuvred suspici ously, and excited our best endeavours to come up with her. After a chase to windward of - seven hours .and a half, the superior sailing of his Majesty's schooner under my commend brought us along side ; and the moment I hailed, the stranger hoist .ed Dutch colours, commenced action, and attempt cd' to run us down ; we were 'fully prepared to meet Lint, and 'Avoiding his bows, continued. to engage so closely, and with such good effect, that, in the course of an hour the . enemy made sail, and .endeavoured to escape before the wind; we were thus brought into a running tight for tour hours, When. I had the, pleasure to find the Batavian •flag was hauled down, being hailed that they had -.Struck. - On taking possession of our capture, we found .site was the Duch National corvette Pe Havik,. brnmanded by My nheer J. Sterling, Lieutenant of ,Marine, mounting ten guns, pierced for eighteen, with fifty-two men, and haOng on board the Bata vian Admiral Buyskes, with his suite, late Lieute nant-Governor and Commander in Chiet at Batavia, from that island, bound to Now York, and _partly loaded with 'spices and indigo. One man on board the enemy was killed, the Ad miral and seven, men badly .wounded: The , loss en the part of the Thistle was Samuel Hobbes, private Marine, killed, myself and six men. Wounded. • At an early part of the a6lion three of our carro hades were dismounted, but the 'gallant conduct of every One of my crew readily replaced this dam age, bravcly emulating each other in supporting the supOiority of the British lag. I an), &c. (Signed) I'. PROCTOR, Lieut. and,Com. PLymouTu,- MAY 25.—Arrived his• Majesty's ship Plover from a cruize ; some days since she Chased a large French _ship supposed to have been from the Isle of France, the latter however, being the best sailer reached the Port of Abravac in safety. It was the Rodney that arrived here yesterday, and ...trot the Revenge. Came doU'n from ttamoaze and anchored in the Sound the Cheer 4 gun -brig. Arrived the French chasse maree La Jeune Clct risse from Bourdeaux ; with a cargo of wine and I.o Sin; captured by the Violet privateer of this .Port also arrived the Encounter gun-brig from the West ward. Sailed his Majesty's sll;.,ps . Surveil‘ante and Philo wid to the WeStward. MAy 26.--Arrived his Majesty's ship Sapphire from Portsmouth.; the Hope tender from London derry; and the Eliza and Jane •tender from Dub lin, with impressed -and the hest, SIMON, f rom Cork, la'st from Falmouth, with a cargo of pro visions for this Port. Sailed hi s M a j es t y ' s s hi p Pl over on a crnize 4 ; the Zncounter brig for Falmouth ; the Weaiel schooner f or Dartmouth; and the ship Nancy, CLORE, for Ports Mouth. Passed bya fleet from the Eastward. 'FALMOUTH, MAY 25.—Sailed the Manchester Packet for the Windward IslandS; and the J'octon Packet for Barbadoes, Martinique, and Jamaica. PORTSMOUTH, MAY 27.—came in the Portuguese brig ri gilante, DA SILVA, Mastf-r, from Pernambri. co, for London, in 46 days ; the Portuguese ship G radidas, (armed) also for London, sailed in com- Pang with her, and passed this port 'to the Eastward Yesterday morning ; left loading 'there the Portu guese ship Balsemar, ALVES, Master, for London, 24 d would be ready to sail almost immediately, to gether with two others for the port of Liverpool. Arrived his Majesty's ship Diana from a cruize Wifliavre ; also the Margaret, JAMES, for Lon- d ° 1 1; Neptune, RoBINsoN ; Betsey, CLARK ; Dido, TAYLOR ; Mary, REYNOLDS ; Active, LONG ; GOIdC/ 2 Fleece, ROUNDTREE; • Ceres, CRAWFORD ; Betsey, MELVERN, from Sunderland ; Nancy and tea ry, FREDERICK, from Cork; Borough, PATTER, 4 ° 1 % from Newcastle; blelena, STEVENSON, from s hields ; and the Union, FINCH, from Chepstow. His Majesty's ship Recruit tAtes convoy for New foundland, and it is exp:laed she will put to sea in . Course of a day or two. Ks Majesty's ship Ant takes convoy to ships o und to the West ward as far as Plymouth. Arriv e d his Majesty's sl4ip Gannet from a cruize; •ily. , 'W..iLsoN, from Suudorlancl ; Peggy, MIDDLE.' 'irox, from London ; Faine, TOTHER HAM ; Bailey; SCOTLAND; Action, CHURCH, from Cadiz (the lasi three frnm Cadii are laden with provlsions for this port) ; and 'the Britannia, WALLACE, from Newcastle. Bailed hiS Majesty's Schooner Ant with a convoy for Plymouth; Jamaica for the- Western Islands, and from thence to Newfoundland ; Jason and Re cruit with a convoy fir Newfoundland. , SMEERNESS, MAY 25.7 . - Arrived Ms Majesty's ship Terrible, Lord H. PAIILET. Went out of harbour his Mljesty's brig Urgent. MAY 26,—Sailed up to Long Reach to be paid off, his Majesty's ship Terrible. Arrived the Shields tender, with volunteers and impressed men fir the fleet. liis Majesty's bi ig Mercurius has made the con= voy signal for .the Baltic. _ _ - I - L'sMajesty's brig Cer s itinel has made the convoy signal for Heligoland. MAY 27.—Went out of harbour and anchored at the Great Nore, his Majesty's sloop Dauntless, ,Capt. BARBER. • ISLANDS OF SCILLY, MAY B.—Came in' a po= lucre-rigged ship, called Nuestra Signora de ldra, of [dra, J. CUTULUMA, Master, from Faro, laden with Cork and Coffee, bound to London. Came in the ship Philipsturgh, .W. WSTORY, Master ; of and from_ New York, liden with _rice, tobacco, coffee, indigo, and pepper, hound f9r Ton ningen. Also the Snow post-packet, CHRISTIE, from Ipswich to LiVerfkol with malt. _ MARCH 20.—The above vessels have all sailed with a fair wind up Channel. ___~~~,~ sPoRrING INTELLIGENCE. NEWMARKET SECOND SPRING MEETING, ISto. SATURDAY, MAY 26. Ld Jersey's Nicholas, Bst. 31h. beat D. of Rutland's Sal. vator, Bst. 71b. R.M. zoogs. h. ft. -4 to i agst Nicholas. A Subscription Handicap Plate of 01. for 3.yr.olds and up. wards. T. M. M. . Mr. Elwes's b. c. O A . P. 3 yrs 6st, - - a D. of Rutland's hr. 11. East-n, 5 yrs Bst. 41b. 2 Ld G. H. Cavendish's b. h. 13 - rainble, 5 yrs Bst. 71b. 3 sto 4 agst P.-7 to 1 agst Easton. Gen. Gower's Currycomb, 834 31b. agst Foley's Chester', 7st. lolb. Two-yr old Course, 50gs. ,Olf by con sent. Jersey's Lauretta, Sst. izlb. rec. 25gs. frorn Gen. Grosvenor's Lochinvar, fist. 61b. Across the Flat, zoogs. h. ft. • 130W -STREET.—The Journeymen ofa number of trades have lately formed 'themselves into combi nations, for the purpose of forcing their masters to pay advanced prices, Whether the times or circum, stances will admit of such advance or not.. Among them are the brush-nikers, who, we understand, can earn from two . guinea s to three pounds a week; and yet the journeymen have the audacity to de mand an advance for some work, of fourpence in a tibilling. To ,accomplish this object-, they have for these fifteen months past, been forming thetns:Aves into a society, regularly organized, with a, cleric to attend theit_meetings, and certain roles and regula tions. To this club. they have paid a. shilling per week each, to establish a fund, tilt it should be suf ficient to enable them to strike from worklng, for the advance of priceq, ,and while they were out of employ to receive 20 ,shillings a week themselves, besides one shilling,a week for back child. The Whole of them have struck within these few weeks. The circumstances are such in, the trade at'present, that we understand it is impossible for the m isters to comply with the.journeymeti's dema.ad, owing V, the difficulties in procuring bristles and hairs from Russia, and cosequently the advance in price. in those,articles is so great, that they have' already in creased the price of their goods as much as they possibly can. On Friday•night 'tt man of the name of Beadle, who was a pournOrnan to Mrs. Lear, a brush-maker in th . e Strand, was brought to the Office in custody of Harty Adkins, before a full bench of Magistrates, consisting of Messrs. READ, GRAHAM, apd &join. The prisoner was charged with being a ringleader, and ono of the chairmen of the meetings. Mr. ALLEY attended for the prosecution, and Mr. GLADE for the prisoner. The case underwent a very full investigation ; the evidence, however, aid not come up to the intent and meaning of the Att of Raliament passed against . unlawful .combinations; the Magistrates t krefore acquitted the prisoner, they having a summary nrode of proceeding under the ACt of Parliament. The ()Like on this occasion was crowded with masters and jour ne y men , i n - ot h er trades as well as bitsh-makers, who felt interested in the question,-- Some exultation was manifested by the journey men at the 'decision of thd question.. Mr. ALLny addressed them, and said they were by no means to consider the question settled, for that the prtsonar and others would certainly be indi&ed for a conspi racy at the ensuing Sessions. Mary Godby was, charged with barbarously - beat. ! ing and ill-treating her own. child, and was com mitted to Bridewell for want of bail. SMITHFIELD MARKET, MAY 23. Ths day's Market had . a pretty good supply of prime Beasts, and the show of Cattle in other respeds wai considerable; Be,:f is dearer than our last report; Muttun, Veal, Pork, and Lamb, sold at la s t p r i c e s , and the trade in general was'Sornew hat brisk.—The sales .in the Hay Market were rather lively ; Hay, iy , Straw, and Clover, f e t c h e d I I prices.—We subjoin an accurate statem e nt . of e prices and numb e rs : — To sink the o al per stone of 81b. Beef 4s. Scl. to 6s. 4d. Mutton- 4s. Ed. to 6s. 4d. Veal. Ss. od. to 7s. od. Pork ss. od, to 7s. od. Lamb 54. od. to Bs. od. Beats tBso. Sheep and Lambs 14,000. calves 320. 300. SMITHPIIILD HAYMARKET. Hay 41. os. od. to 61. los. od. Straw 2!. los. od. to 31. Iss. od. Clover 61. os. od. to 71. Jos. cd. CORN-EXCHANGE, MAY 28.—T0-day there .are large supplks of Wheat, chitkfly the Foreign Arri - , vals ; sales are heavy at rather lower prices ;_ Barley and, Malt' at little - fluatiation ; White Peas are dearer ; Beans of the two kinds are lower.; there arc considerable sUpplies of Oats-; second and' inferior qualities are cheaper.—Four at our last quo:ation. LAW :REP 0 COORT OF COMMON PLEAc, MAY 2.6: PALMER V. MORTLOCK. .„ This long expeCted cause came on to.be tried in. cOnsequenee,ot an address to the Crown frOm the ,floUse olCOmmons, that Mr Palmer's claims might be submitted to a Jury. Mr. Scerjt•atit SHEPHERD stated the case of the plaintiff, with which the Public are already ac goainted,•concernitig Which it is necess.try to state only, that the present defendant is the Receiver-Ge neral of the Post-Office. Mr. Palmer's claim to - a )3Tr centage on the profit i arising from the Post- Office Was founded on a contract "entered *into be tween him and Mr. Pit:, when Chancellor of thb Exchequer, the terms of which Conti, we the only substantial question between Mr. PalrOet and the Government. After the plaintiff's Counsel had spoken at length on the merits of the Case,, Mr. Justice LAWaaNca said-4)0 you, Brother Shepherd, up , 4l this recbid, take' the question to be, what was the contract that was made between Mr. Palmer and- Mr. Pitt ? Mr.. Serjeant SHEPHERD--4 know, my Lord, that it is not an ;sine. I conceive it to be coupled with the order of the King that Mr. Morilock (if 'I may be allowed to use the phrase) is substituted in the place of the Public, and therefore on this record that we are entitled to, recover. Mr. Justice LAWRENCE--I cannot Agree, with you by' any means, that you can tiy this question, if you cannot establish that there has been with Mr:Mort lock, either expressly or impliedly, some one of the contra Is stated in ,t hedeclaration. One of the Juriy--;--My Lord, there is another thing that I wish to haVe my mind satisfied upon, wit' that is, the Address of the Pouso of Commoos, and the Answer of his Majesty to. it, that we may see by what authority the cause comes here :Mr. lustice LAwauNcs,—That will come in .its course; but I stated my notion that the question was not as it was stated, in order that the Learned' Serjeant might apply himself .to prove what • the stion was. Mr. Serjeant SHEPHERD—My Lord, it is of very great importance to us that we should understand, what we shall do, and whatever your Lordship de clares; I am sure we shall submit to readily—what is the ground of objection which my friend was to take in this case, and I will tell your Lordship Why I say this : I do feel what your Lordship stated is a difficulty, and .1 have no he.sitation in stating, that I always felt so, but it is of extreme importance to us. I know your Lordship cannot travel out of the: record.; but it is of extreme importance 'to Mr. Palmer for other purpoies, considering in what way. this case cum'-.s here, that it should be well under stood that that is the ground on which the defence is rested, and on which your Lordship feels bound to say, that we cannot. recover. Now, my Lord, I 'lce one observation on this subject :--thee are other cases in_which sometimes, under an or der of the Lord Chancellor, the Court has been Orderei to receive documents in evidence, which, in fad, is the common ordinary case. I recoiled a case, I.think it was before - Lord Chief Justice Al vanley, wliere an. objedion was nucleic) the legality of 'the evidence, and his Loidship said there, " " must look - at the record, and try the case by t' e rules of evidence and law. If the other side . " chooses to take the _objeation, I will receii , e the - oirjedion if they make it out -; the question is, if, in the teeth of the Lord Chancellor's order, " they will make the objedim, and will a& upon " it." But it the objediOn is not made, your Lord ship. will receive the evidence which is of 'tired. All I would subcnit to your Lordship is, whether, if I produce the order, and they do not put the objec tiou to it in that shape, on the other side, your Lordship would permit us to go on ? Mr. Justice LAWRENCE—I understand the order to deprive. them, 'of a particular sort of defence, but you intik prove your case as it is in the plead ings, They cannot sand upon that defence, which by the order they are not allowed to make; but you must prove at least an implied agreement on the part *of Mr. Mortleck in some of your counts, I can only look at the record, , but at . the same time I take it for granted, that they will not insist upon it. Tins case must be tried like others,* like the case of an issue, and the plaintiff must male out the allegations. I do not think on the record that that which you stated to be the question is the question. . - Mr. Serjemnt SHEPHERD—Then, on the other part, I submit to your Lordship, that we are entitled, as against Mr. Mortlock, .to go on, the.agreement. Your Lordship sees that Mr. Palmer was to have 21. per cent. and as far as that was paid, it was paid out of the revenues of the Post-Office; and then we submit to your Lordship, that Mr. Mortlock being Receiver-General of the Post-Office, and hav ing to receive the money; and not being permitted to set up the defence of his being a Public Officer, if I shew that there was an agreement with the Pubiic, that is to say; with Mr. Pitt, the Chancel lor of the Exchequer at the time, to entitle him to receive from Mr. Mortlock, out of the revenues of the Post Of f ice, 2i per cent. Mr. Mortlock .would be liable, for money had and received. Mr. Justice LAWRENCE--NO ; unless you can shew that Mr. Mortlock was bound by law to pay this"money to Mr. Palmer, and upon paying it, ;hat Mr. Paluier's receipt wou)d be a sufficient discharge to him as Receiver-General of the Post-Office. If a certain sum was legally appropriated to the pay ment of Mr. Palmer, and that producing his receipt sit ould be. a voucher,, that is the point ; but if you cannot proVe that, I cannot go out of the'record. Mr.-Serjeant SIIIIPHERD—WouId your Lordship permit we to say one word upon this order ? lam sure it I On doing wrong, your Lordship will ex ctie it. It is di; : your Lordship observes, that the order which I have alluded to, points out that the Receiver-Geoetal is to defend such action. Your Lordship obsert es,. that the first part of the order is on the: claims. I will read the very words of it. The Address of the House of Commons is this.—(Mr. Seijdant Shepherd read the Address to the Court.) • That, my Lotd, I humbly submit, under the order . is this: It isilointed out almost' by his Ma je•ty, that i 4.• by his Maj:..sty's acceding to the wish of tie House, that •• Mr. ,•• ni - tlock is the person aa.inst whom the aaio u is to be btought ; and if it ha l been brought against any body else, the ' non of a - public otliccr ;night have been so, t. r:• • $.4 1 , 7 , -' f - .; irt, ft cause itgoes only to this order, a n d I conceit;; the meaning of .1 he orclFr is this—an agteettient is clairn- : ed to be made wail the public, or with somebod - y I poi forward .Mr., Mortlock in otder to try the agreement, and it is declared, that he shall not set up the .non-liability, of a public officer, and.therefore I rcfpnceive that the laa is the same as if an i ss u e h a d beep granted. If an issue had been granted; it is very well lio(411 Oat it would notisignify who Was the plintiff aod defenclant,, and !hat order puts us in the same situation as it an is s u e b a d been granted , . to try ine uestlop, Mr. ..ln;tiLe LAWRENCE,—.I . cannot agree with .you in that; hrother Shepherd. ---Thus tar 1 do agree, with you---in consequence of the Address, the Receiver-(4eneral det,nd, the anion, but it is left to you to frame 'lie adios, arid to put it in such form as you think A , , and if you put it in .a form, such as not to prove your case, it does not prove that you are not entitled to recover ifyou put your case iu another. If yon had - put your case in the fora/ of an issue, though if you could or not, I do not know, but if it had b:-en an issue to det , rmine what Wris the agreement, I should have known what was 'to be tried. The House deSires' th:Oteceiver-,Ge neral to defend the action, and he does FO ; but he is directed not _to set up two defences, namely, the Statute of Limitations, and his Jinn-liability, but if left, the pl.-61141i say s in what way; if by, a bill in equity, or by an action at law, and in what way the action is to be shapei, and I must try, it as other salons, and the question Ou the record are, if Mr. Mottloak has eitln r expre,ly or impliedly entered into" the contrast ? This is one of the questions in the counts of the declaration. He says he has not, and I have no awhorityt6 try any thing else.: - Mr. Serjeant LENS.—My Lord, I do nut wish to re- s argue the qUestion, but only to submit whether your Lordship c.innot i:tetulge the plaintiff so far as, if the objeCitoo 13 not wade on the other sde, to re-_ lieve froin that which is an insuperable difficul ty; we were under the- invincible necessity of bring ing it in this way. I should hope that they would consent to wave the ohjeolion, which, if they diniot, we felt from the first it would be inipo,sible.to pro ceed. The question is, whether your Lordship may not collect from some express declaration ; whe ther this 'money was not paid. If the übjectirn is waved, -theri there will be no difficulty on the re cord, as there are in it general counts for Money had and reached. That cannot be hastily insisted ups n, btit unless it is put in the shape of an objection from the defendant, your Lordship might permit us to go on. Your Lordship will consider-the difficulty in which we stand. The _qut.!stion is, whether the other side'tnay not allow us to proceed, and if your Lordship may not, under such admission, try the question. , - Mr. Justice L AWR E,NdE.7---YOU Know trist the Jury are sworn, and I am sworn, and it is my duty to try the issue joi,ed petween the parties; and I cannot do oth:Twise. The Jury are sworn; and I am to administer.-justice, and not to try:questions other than what the record-rakes. "Mr. Scljeant LeNs.--But , ! what I submit, my Lord, is, whether this admission from the other side' will not Iritig it w ithin the record. , Mr. Justice you.shew that the 11:.-cetver•GAleral has received some or the mo ney which iie Might pay to the plaintiff against the will Pf%the Postmasters •General, and produce his receipt in discharge, it will not do ; but, if he wants an authority to do that w hielt he has not had, I cannot say, in point of law, that you can recover. Mr. Serj, ant LENS.—Qqtainly not, my Lord, if that is. not . implied: • Mr. Serjeant BEST.--=Your Lordships sees that the objet of the order was to have.the justice of the case diSeusSed here, and it is impossible but by the admission of the other side, that the justice of the case can,be got at. We always felt the ,objetlion your Lordship has stated, and that if it were persist ed in, it would prevent 03 front recovering. Mr. Justice LAWRENCE.--I supposed that you would feel it like me, put. still I can know nothing but what is on the . face of the record. As to the difficulty of framing the a&ion I know nothing, but it' it were difficult, it comes to this, that what ever the claim may be," this is not the way to sub stantiiite it. • Mr. Serjeant BEST.— . —But will your - Lordship not allow us to ask the other side to consent to thin, evidence. Mr. Justice LA\VLIENCE.—I have no objection, but I shall say when it is gone through, that I do not think it proves the case. Mr. HARRISON.--Will your Lordship permit me to say, that in the declaration, your Lordship will see under the agreement With Mr. Pitt, that Mr. Mortlock undertook..to pay: Mr. Justice LAWREt'cCE.—As at present advised, I do not thivik that question is on the record. Mr. Serjeant SHEPHERD.—MayI ask my brother if he will consent to admit Mr Serjeant COCKELL.—You must not ask that of me, brother: • -Mr. Sedeant SHEPHERD.—Do you admit the fa& if the agreement to the effe6t staled is proved. ' Mr. SOLICITOR-GENERA effect ? Mr. Serjeant SHEPHERD.—I only ask this ques tion, if you admit that Mr. Mors lock .has received from the revenues of the Post-Office, the Money to Pay Mr. , Palmer, supposing by law Mr. Palmer is entitled, as having made the agreement with Mr. Pitt. Mr. Serjeant COCKELL..--I know nothing about it upon my word of honour. • Mr. Serjeant SHEPHERD.—Do you admit it ? Mr.' Serjeant COCKELL.-NO, I tell you, I can not admit that which I do not know to exist. Mr. Serjeant SHEPHERD.—After what your Lord 'ship has said, I feel that I cannot proceed. The plaintiff was then called, and a nonsuit was entered. In this state the business, for the present, re, mains. • The celebrated KOTZEBUE is under arrest at Riga. The new A& for increasing the allowance to inn keepers and others on whom soldiers may be quar tered, direds, that instead 01 fivepenoe per diem for the diet and table beer of a loot soldier, and sevenpence for a dragoon, one shilling atici fourpence shall be allowed for .each; the rate per diem for horses is augmented from sixpence to fourteenpence ; and for each of the several an icleS which the pub lican was heretotore•obliged to furnish gratuitously, he is now toleceive a halfpenny. ~, I ~~